END-USER LICENSE AGREEMENT


Notice to User: 

This is a LEGAL CONTRACT between you (the end-user) and Fox Interactive, Inc. ("Fox"). By using the tools, you accept and agree to be bound by all the terms and conditions of this End-User License Agreement ("Agreement"). 

This Agreement accompanies the source code and development tools (collectively referred to herein as "Tools") related to an interactive video game software product published by Fox entitled "Aliens versus Predator" ("Game"). 

Fox hereby grants to you a non-exclusive, revocable license to use the Tools, provided that you agree to the following:

1. Use of the Tools: 

You may:

(a) Use the Tools to create original maps, textures, characters, weapons, sounds and missions for the Game ("Original Materials"), and use such Original Materials in the Game;
(b) Share with others those Original Materials that you may create using the Tools, which Original Materials shall be offered for free and shall not be sold, licensed, leased or otherwise distributed or made available pursuant to a fee or other charge; and
(c) Distribute the Original Materials only via the Internet or other network of computers.

You may not:

(a) Distribute the Tools to any other person, for instance, but not limited to, posting the Tools on the Internet or other network of computers, copying the Tools to a disk or other packaged form and distributing them to others (for free or otherwise), or by any other form of distribution or transmission;
(b) Distribute in packaged form, or by satellite, broadcast, wireless or other transmission, the Original Materials which you may create using the Tools;

(c) Sell, lease, rent, or license the Tools or Original Material to any person or entity, no matter how distributed;

(d) Use the Tools to create any Original Materials for other interactive video game titles (including any other game released by Fox based on the Aliens or Predator franchises) or any other product; or 

(e) Use the Tools or Original Materials other than as permitted by this license.

2. Term: The license granted to you herein shall be for a period of two (2) years or through December 31, 2002, whichever is earliest, and is revocable at any time by Fox in its discretion. Upon any such revocation, all rights granted herein shall cease.

3. Copyright: The Tools are protected by U.S. Copyright laws and international treaty provisions. All rights in and to the Tools are owned by Twentieth Century Fox Film Corporation and/or other persons. All rights are reserved. The license granted to you hereunder does not transfer any intellectual property rights in and to the Tools other than as provided above. In addition, to the extent the Original Materials are based on or derived from the Tools or any other intellectual property featured in the Game, such Original Materials shall be owned by Fox, as a work made for hire.

4. No Warranty: The Tools are offered AS IS, without any warranty of merchantability or fitness for a particular purpose or non-infringement of any third party materials. Neither Fox or any other party shall have any obligation to provide support to you with respect to the Tools. Furthermore, neither Fox or any other party shall be held responsible or liable if the Tools fail to function or otherwise be operable or cause any damage to any hardware or software. Fox shall have no obligation to fix or correct any bugs which may be in the Tools. You agree and accept each of these terms. Fox reserves the right to make changes in the Tools at any time and without notice. 

5. U.S. Government Restricted Rights: Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19, as applicable. Fox Interactive, Inc., P.O. Box 900, Beverly Hills, CA 90213-0900.

6. Termination: This Agreement shall automatically terminate if you fail to comply with any of its terms. Fox reserves all rights and remedies it may have in the event of breach of this Agreement by you.

7. Miscellaneous: This Agreement is governed by the laws of the State of California without giving effect to its conflict of law principles. This Agreement may only be modified by a writing signed by all parties. This Agreement may be freely assigned and/or transferred by Fox to any other person or entity.


© 2000 Twentieth Century Fox Film Corporation. All rights reserved.